When looking to purchase a pharmacy, prospective owners must take into consideration multiple aspects of the transaction in order to ensure a successful continuation of operations post-closing. Failure to properly evaluate, structure, and execute a... Read More
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The refusal to provide comparator products violates federal and state antitrust laws and the CREATES Act. Although the Supreme Court has expressed caution about imposing antitrust liability based on a monopolist’s unilateral refusal to deal, the... Read More
Biotech Companies | Blogs & Articles | Life Sciences | Manufacturers | Pharmaceutical Wholesalers | Pharmacy Law | Regulatory Compliance, including FDA, DEA and HIPAA

As part of routine audits, Pharmacy Benefit Managers (“PBMs”) regularly request pharmacies to produce documents pertaining to prescription claims. Amongst the documents commonly requested are copies of prescriptions, prescription labels, and... Read More
Blogs & Articles | Community, Retail Pharmacies | Defending Pharmacies in PBM Audits | Life Sciences | Pharmacy Law

On November 2, 2020, the Drug Enforcement Administration (DEA) published notice of a new Proposed Rule, “Suspicious Orders of Controlled Substances,” to “clarify the procedures a registrant must follow for orders received under suspicious... Read More
Blogs & Articles | Healthcare | Healthcare Law | Pharmacy Law | White Collar Defense and Government Investigation

Frier Levitt recently assisted a New York-based independent pharmacy that was placed under temporary payment suspension by a national Pharmacy Benefit Manager (“PBM”).  Notably concerning, the temporary suspension was effectuated while the... Read More
Blogs & Articles | Community, Retail Pharmacies | Defending Pharmacies in PBM Audits | Pharmacy Law | Recent Results | Recent Successes

In Wisconsin, Governor Tony Evers recently signed a bipartisan bill into law aimed at regulating pharmacy benefit managers (PBMs). This law, which was unanimously passed in the Wisconsin legislature, is significant for several reasons including... Read More
Blogs & Articles | Community, Retail Pharmacies | Defending Pharmacies in PBM Audits | DIR Fees | Life Sciences | Pharmacy Law

Earlier this week following a three-day bench trial, the owner of, and a licensed mental health counselor at, a Tallahassee-based counseling center, were found guilty of health care fraud conspiracy, health care fraud, and aggravated identity theft.... Read More
Blogs & Articles | Healthcare | Healthcare Law | Medicare, Medicaid, and Other Commercial Payor Audits & Appeals | News & Press | White Collar Criminal Defense & Government Investigations

The “law” applicable to drug reimbursement encompasses an array of laws across 50 states, the territories, and the federal government. These laws and regulations determine what a “Plan Sponsor” (such as an insurance plan, State Medicaid... Read More
Blogs & Articles | Community, Retail Pharmacies | Life Sciences | Maximum Allowable Cost Pricing & Appeals | Medicare, Medicaid, and Other Commercial Payor Audits & Appeals | News & Press | Pharmacy Law | Plan Sponsor PBM Contract Services

Recently, three operators of a Wisconsin CBD dispensary were arrested and are awaiting felony drug charges after failing to comply with the state law.  The investigation into the dispensary began when two minors consumed a CBD-related products... Read More
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